GS Paper 2

Fast Track Course

Indian Polity

Union and Its Territories

Part I (Articles 1- 4)

-Dr. Shruti Joshi

 Lecture Plan
(I) Constitutional provisions regarding Union and its territories
• Article 1
• Article 2
• Article 3
• Article 4
(II) Landmark SC judgements with respect to Union and Territories
(III) Reorganisation/Evolution of States and Uts:7th CAA
(IV) Status of J&K (Abrogation of Article 370)
(V) Special provisions under Article 371
(VII)Practice questions (Prelims & Mains)
 (I) Constitutional provisions regarding Union and its territories
(Part 1 of the Constitution, Articles 1 to 4)
Part I of Indian Constitution is titled The Union and its Territory.

Article 1 : Name and territory of the Union

(1) India, that is Bharat, shall be a Union of States.

(2) The States and the territories thereof shall be as specified in the First Schedule.

3) The territory of India shall comprise –

(a) the territories of the States;
(b) the Union territories specified in the First Schedule; and
(c) any territories that the Indian government might acquire in the future.
UPSC Prelims
Practice Question
(I)Consider the following statements:
1. Article 1 states India as Bharat which is a 'Union of States and Union Territories’.
2. The expression of 'Union of India' is wider in extent than the expression 'Territory of
India’.
Which of the statements given above is/are not correct?
a)1 only
b)2 only
c)Both 1 and 2
d)Neither 1 nor 2
Ans: c
(II) Consider the following statements regarding the expression ‘Union of States’ under
Article 1:
1. All the states and union territories are part of the expression ‘Union of States’.
2. A Union territory enjoys a similar relationship as states with the Union government.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Ans: D
Explanation
• Article 1 describes India, that is, Bharat as a ‘Union of States’ rather than a ‘Federation of States’.
• According to Article 1, the territory of India can be classified into three categories:
o Territories of the states
o Union territories
o Territories that may be acquired by the Government of India at any time
• Notably, the ‘Territory of India’ is a wider expression than the ‘Union of India’ because the latter includes
only states while the former includes not only the states but also union territories and territories that may
be acquired by the Government of India at any future time. The states are the members of the federal
system and share a distribution of powers with the Centre. The union territories and the acquired territories,
on the other hand, are directly administered by the Central government.
Also, the acquisition of foreign territory is not covered by Article 1; instead, it is governed
by international laws.
Hence, both statements 1 and 2 are not correct.
Article 2 : Admission or establishment of new States

Parliament may by law admit into the Union, or establish, new States on such terms
and conditions as it thinks fit.
Article 3 : Formation of new States and alteration of areas, boundaries or names
of existing States
Parliament may by law –
a) form a new State by separation of territory from any State or by uniting two or more States
or parts of States or by uniting any territory to a part of any State;
(b) increase the area of any State;
(c) diminish the area of any State;
(d) alter the boundaries of any State;
(e) alter the name of any State:
Provided that no Bill for the purpose shall be introduced in either House of Parliament except
on the recommendation of the President and unless, where the proposal contained in the B will
affects the area, boundaries or name of any of the States , the Bill has been referred by the
President to the Legislature of that State for expressing its views thereon within such period as
may be specified in the reference or within such further period as the President may allow and
the period so specified or allowed has expired.
 UPSC Prelims
Practice Question
(III) Ques/-A new state can be formed by uniting two or more states through a
bill passed by:
(a) A simple majority in Parliament
(b) A simple majority in state assemblies of both the states
(c) A Special majority in the parliament and ratification by half of the states
(d) Presidential resolution

Ans: a
 (IV)Consider the following statements:
Statement-I: The Indian states have no right of territorial integrity.
Statement-II: Indian Federation is “an indestructible Union of destructible states”.
Which one of the following is correct in respect of the above statements?

(a) Both Statement-I and Statement-II are correct and Statement-II is the correct explanation
for Statement-I.
(b) (b) Both Statement-I and Statement-II are correct and Statement-II is not the correct
explanation for Statement-I.
(c) (c) Statement-I is correct but Statement-II is incorrect.
(d) (d) Statement-I is incorrect but Statement-II is correct.

Ans: a
 Explanation:
• The Indian states have no right of territorial integrity.
• The parliament can change the name, area or boundaries of any state. Hence, the Indian
Federation is ―an indestructible Union of destructible states.
• Both Statement-I and Statement-II are correct and Statement-II is the correct explanation
for Statement-I.
• A federation can be formed in two ways, that is, by way of integration or by way of
disintegration.
✔ In the first case, a number of militarily weak or economically backward states
(independent) come together to form a big and a strong union, as for example, the US.
✔ In the second case, a big unitary state is converted into a federation by granting autonomy
to the provinces to promote regional interest (for example, Canada).
✔ India comes under second category where states are autonomous in their space and are
formed for ease of governance.
•Article 4 :

Article 4 declares that the laws made for admission or establishment of new states
(under Article 2) and formation of new states and alteration of areas, boundaries or
names of existing states (under Article 3) are not to be considered as amendments
of the Constitution under Article 368.

This means that such laws can be passed by a simple majority and by the ordinary legislative
process.
 UPSC Prelims
Practice Question
(V)Consider the following statements:
Statement-I: India can acquire a foreign territory or it can cede a part of its territory in
favor of a foreign state.
Statement-II: Sovereign in the Preamble to the Indian Constitution means ‘there is no
authority above India and is free to conduct its affair’.
Which one of the following is correct in respect of the above statements?
(a) Both Statement-I and Statement-II are correct and Statement-II is the correct explanation
for Statement-I
(b) (b) Both Statement-I and Statement-II are correct and Statement-II is not the correct
explanation for Statement-I
(c) (c) Statement-I is correct Statement-II is incorrect
(d) (d) Statement-I incorrect but Statement-II is correct

Ans: a
 (VI)Consider the following statements regarding the reorganization of the states:
1. An Indian territory can be ceded to a foreign country by a constitutional amendment.
2. A boundary dispute settlement between India and another country does not require a
constitutional amendment.

Which of the statements given above is/are not correct?

(a) 1 only
(b) (b) 2 only
(c) (c) Both 1 and 2
(d) Neither 1 nor 2

Ans D
Explanation:
• The Supreme Court held that the power of Parliament to diminish the area of a state (under
Article 3) does not cover the cession of Indian territory to a foreign country. Hence, Indian
territory can be ceded to a foreign state only by amending the Constitution under Article
368. Consequently, the 9th Constitutional Amendment Act (1960) was enacted to transfer
the said territory to Pakistan. Hence, statement 1 is correct.

• On the other hand, the Supreme Court in 1969 ruled that, the settlement of a boundary
dispute between India and another country does not require a constitutional amendment. It
can be done by executive action as it does not involve the cession of Indian territory to a
foreign country. Hence, statement 2 is correct.
INTERNATIONAL WATERS
Territorial Sea
Each coastal State may claim a territorial sea that extends seaward up to 12
nautical miles (nm) from its baselines. The coastal State exercises sovereignty over its
territorial sea, the airspace above it, and the seabed and subsoil beneath it. Foreign flagged
ships enjoy the right of innocent passage while transiting the territorial sea subject
to laws and regulations adopted by the coastal State that are in conformity with the Law of
the Sea Convention and other rules of international law relating to such passage.
Exclusive economic zone (EEZ)
An “exclusive economic zone,” or “EEZ” is an area of the ocean, generally
extending 200 nautical miles (230 miles) beyond a nation’s territorial sea, within
which a coastal nation has jurisdiction over both living and nonliving resources.
The concept of an exclusive economic
zone (EEZ) was adopted through the 1982 nautical mile (M)
United Nations Convention on the Law of Coast/
the Sea. Under international law, within its Baseline
12
M
24 M 200 M

defined EEZ, a coastal nation has: Territorial Sea Exclusive Economic Zone High Seas

� Sovereign rights for the purpose of

exploring, exploiting, conserving, and
managing natural resources of the Continental Shelf The Area
seabed, subsoil, and waters above it. Extended
Continental
Shelf
� Jurisdiction as provided for in
international law with regard to the
establishment and use of artificial
islands, installations, and structures; marine scientific research; and the protection and
preservation of the marine environment.
� Other rights and duties provided for under international law.
High Sea:
� The high seas refers to the ocean water column that lies beyond the boundaries
of any one country, also known as areas beyond national jurisdiction (ABNJ).
� The high seas are defined by international law as all parts of the ocean that
aren’t included in the exclusive economic zone, the territorial sea, or the
internal waters of a country, or in the archipelagic waters of an archipelagic country.
This essentially means that the high seas and associated resources are not directly owned
or regulated by any country.
� The seafloor beyond the limits of the coastal continental shelf is what is termed “the
 Area” by the 1982 United Nations Convention on the Law of the Sea (UNCLOS).
The International Seabed Authority (ISA) is mandated to regulate the exploration for,
and exploitation of, seabed mineral resources in the Area for the benefit of humankind.
� The ISA has the power to allocate certain parts of the Area to countries for exploration and
mining. However, many other activities (like fishing and shipping) also occur on the high
seas, and a number of regional and sectoral organizations with different responsibilities
contribute to its governance, which has been characterized as fragmented.

UN bodies/Committees/Conventions
Year : 2022
Q7. With reference to the United Nations General Assembly, consider the following
statements:
1. The UN General Assembly can grant observer status to the non-member States.

2. Inter-governmental organizations can seek observer status in the UN General Assembly.

3. Permanent Observers in the UN General Assembly can maintain mission at the UN headquarters
Which of the statements given above are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3

Answer D
(II)Important SC judgements

•In Berubari Union Case (1960), the SC held that the power of Parliament to
diminish the area of a State under Article 3 does not provide for the cession of
Indian territory to a foreign country. Indian territory can be ceded to a foreign state
only by amending the Constitution under Article 368.

•In the case of Article 370 case the Supreme Court upheld the abrogation of Article
370 and Article 35A and held that the Parliament has the power to carve out a Union
Territory from a State.
(III)Reorganisation/Evolution of States and UTs

1)Soon after independence in 1947, India consisted of nearly 550 princely states.

2)The Constitution of India, in 1950, divided the states of the Indian Union into four categories or
parts (Total 29 states or provinces)
• Part A: which were the former governors' provinces of British India, were ruled by a
governor appointed by the president and an elected state legislature. (9 in no.)
• Part B: governed by a Rajpramukh, who was usually the ruler of a constituent state, and
an elected legislature. The raj Pramukh was appointed by the President of India (9 in no.)
• Part C: included both the former chief commissioners' provinces and some princely
states, and each was governed by a chief commissioner appointed by the President of
India. (10 in no.)
• Part D: was the Andaman and Nicobar Islands which was administered by a lieutenant
governor appointed by the central government.
In these classifications, Part A states had a Governor, Part B states had a Rajpramukh and Part C
states had a Commissioner.
This was a temporary arrangement.
The criteria for grouping of states were political and historical considerations rather
than on linguistic or cultural divisions.

3)State Reorganization Commission/Committees

•June 1948--S.K. Dhar Commission: or Linguistic Provinces

commission--Recommended re-organization on basis of administrative
convenience. It rejected language as a parameter for dividing states.

•December 1948--JVP Committee or Linguistic Provinces committee-- (named after

its members Jawaharlal Nehru, Vallabhbhai Patel, and Pattabhi Sitaramayya).Rejected
language as the basis for re-organisation of states.
•1953--- There was demand from the people, especially in the Telugu speaking population, for
reorganization of states on linguistic basis. Potti Sreeramulu went for an indefinite fast for
supporting his cause of states reorganization. His death after 56 day of hunger strike resulted
in widespread violence and the government was forced to constitute a State Reorganization
Commission. In 1953, the first state of Andhra Pradesh was created on basis of language. The
government was forced to separate the Telugu speaking areas from the state of Madras which
led to formation of Andhra Pradesh.

• This followed with similar such demands for creation of states on linguistic basis from
other parts of the country.

• The States Reorganization Commission: These events forced Government to appoint a

three-member States Reorganization Commission in 1953. The new commission was
headed by the retired Chief Justice of the Supreme Court Fazal Ali, its other two members
were H.N.Kunzru and K.M.Pannikar.
 • Fazl Ali Commission, 1953: Identified 4 factors for state reorganization i.e.
✔ Preservation and strengthening of unity and security of country.
✔ Linguistic and cultural homogeneity.
✔ Financial, economic and administrative considerations.
✔ Planning and promotion of welfare of people and nation as a whole.

The States Reorganisation Commission submitted a report on 30 September

1955, with recommendations for the reorganisation of India's states,

•Fazal Ali Commission recommended for formation of 14 states and 6 UTs.

•Parliament implemented its recommendations and The States Reorganisation Act

was enacted on 31 August 1956.
 • April 1956– 7th amendment was made to the Constitution of India. Under the Seventh
Amendment, the existing terminology of Part A, Part B, Part C, and Part D states was altered.
The distinction between Part A and Part B states was removed, becoming known simply as
"states". A new type of entity, the Union Territory, replaced the classification as a Part C or Part
D state.

• 1960 - Bombay state split into Maharashtra and Gujarat

• 1963 - Nagaland carved out of Assam
• 1966 - Haryana and Himachal Pradesh carved out of Punjab state
• 1972 - Meghalaya , Manipur and Tripura were formed
• 1975 - Sikkim became part of Indian union (36th CAA)( Sikkim became Associate State by 35th
CAA)
• 1987 - Goa and Arunachal Pradesh became states (earlier these were UTs)
• 2000 - Uttaranchal (out of UP), Jharkhand (out of Bihar) and Chhattisgarh (out of Madhya Pradesh)
were formed
• 2014---Telangana (out of Andhra Pradesh), became India's 29 state.
(IV)Status of J&K (Abrogation of Article 370)
Article 370: A Historical Context
• Instrument of Accession (IoA): In October 1947, Maharaja Hari Singh, the last ruler of J&K
signed the IoA through which he agreed to accede his state to the Dominion of India.
• Temporary provisions for J&K: Constitution of India came into force on 26th January 1950.
Under the Constitution, Article 370 was placed in Part XXI, titled “Temporary and Transitional
provisions”.
• Article 370: Except for defense, foreign affairs, finance and communications, Parliament
needed the state government’s concurrence for applying all other laws.
o Further, it stated that except Article 1, which declared India as a ‘Union of States’, and Article
370 itself, no part of the Constitution would apply to Jammu & Kashmir.
The President of India could make any provisions of the Constitution to apply to this
State with ‘modifications’ or ‘exceptions’ but required that such application can be
done only in ‘consultation with the Government of the State’.
o Article 370 itself could not be amended or repealed—unless the Constituent
Assembly of Jammu & Kashmir consented to it.
• Article 35A of the Indian Constitution: It stemmed out of Article 370 and gave
powers to the J&K Assembly to define permanent residents of the state, their special
rights, and privileges.
Recent Context:
December 2023--A Constitution Bench of the Supreme Court recently upheld the validity of the
Union Government's 2019 decision to repeal the special status of Jammu and Kashmir (J&K) under
Article 370 of the Constitution.
More on the news
• On August 5th 2019, the President of India promulgated an order- ‘Constitution (Application to Jammu
and Kashmir) Order, 2019’, which stated that provisions of the Indian Constitution are applicable in the
State.
o This effectively meant that all the provisions that formed the basis of a separate Constitution for Jammu
and Kashmir were abrogated.
✓ With this, Article 35A too was automatically scrapped.
o Parliament also enacted the Jammu and Kashmir Reorganization Act 2019 which bifurcated the State
into two Union Territories (UTs).
• The petitioners had challenged the constitutionality of these actions of the Union, against which the
recent judgment was given by the Supreme Court.
SC Judgment and its rationale
1)No Internal sovereignty: The SC held that J&K did not retain any element of sovereignty
after its accession to India in 1947.
• Court relied on Yuvraj Karan Singh’s (successor to Maharaja Hari Singh) proclamation
which stated that the provisions of the Indian Constitution would govern the relationship
between the J&K and India. o Apart from Article 1 and 370 of the Indian Constitution, the
court cited Section 3 of the J&K Constitution which stated that J&K is and shall be an
integral part of the Union of India.
2)Nature of Article 370: The SC held that Article 370 is a temporary, transitional provision.
• Court relied on historical context for the inclusion of Article 370 and the placement of
Article 370 in Part XXI of the Constitution to conclude that it is a temporary provision.
• Court held that the dissolution of the Constituent Assembly of J&K could not limit the
powers of the President to abrogate Article 370.
3)Constitutionality of Presidential proclamations: The Supreme Court upheld the
presidential proclamations of August 2019.
• The Presidential order of 2019 amended Article 367 and declared that the expression
‘Constituent Assembly of the State…’ in Article 370 (3) shall be read to mean ‘Legislative
Assembly of the State’.
✔ Central issue was whether these actions could be taken by the Union assuming powers of
the state when it is under President’s rule.
• Court held the consultation of the state government was not essential under 370(3) as the
President had “unilateral” power to declare that Article 370 ceases to exist.
4)Power of President during State Emergency: SC held that declaration of State emergency
and subsequent actions of the President should have reasonable nexus.
• Relying on judgement in S R Bommai case, it also held that ‘actions of President during a
State emergency were open to judicial scrutiny’.
5)Elections to Legislative assembly: Court directed the Election Commission of India to
conduct elections to the Legislative Assembly of Jammu and Kashmir by 30th September
2024.
• Court stated that restoration of statehood should take place at the earliest.

6)Truth and reconciliation commission: The Court recommended that the Centre set up a
“truth and reconciliation Commission”, just like South Africa did in its post-apartheid era.
• The Commission would investigate and report on the violation of human rights both by
State and non-State actors in J&K and recommend measures for reconciliation.
(V) Special provisions under Article 371
Recent Context:

March 2024---Civil society groups in Ladakh have been insisting that they want
statehood
for Ladakh as well as full implementation of the Sixth Schedule.

While Centre have ‘categorically’ said that it cannot bestow statehood on the Union Territory
nor guarantee its inclusion under the Sixth Schedule. Instead, the government is considering
giving Ladakh special provisions under Article 371 of the Constitution.
Ladakh became a Union Territory on 5 August, 2019.

This after Article 370 was abrogated and Jammu and Kashmir was divided into two UTs –
Ladakh and Jammu and Kashmir.
The other demands of the delegation include two Lok Sabha seats (one for Kargil and one for
Leh) and job opportunities for the residents of the Union Territory.
Note:

• Ladakh currently has one Lok Sabha constituency.

• Ladakh, which no longer has any Assembly constituency, was earlier part of the erstwhile
state of Jammu and Kashmir.

• The provisions of Article 370 of the Constitution, which gave a special status to Jammu
and Kashmir, were abrogated on August 5, 2019, and the erstwhile state was bifurcated
into the Union territories of Jammu and Kashmir and Ladakh.

• According to the provisions of the Jammu and Kashmir Reorganisation Act, Jammu and
Kashmir has been made a Union Territory with a Legislative Assembly and Ladakh a
Union Territory without any Assembly.

• There were four representatives from Ladakh in the erstwhile Jammu and Kashmir
Assembly.
Note:

• The Jammu and Kashmir Reorganisation Bill, 2019, just passed by Parliament paves the
way for formation of the Union Territory of J&K.

• It will join two other Union Territories — National Capital Territory of Delhi and
Puducherry — which, through Article 239 A of the Constitution, have a Legislative
Assembly to enact laws on certain subjects and a Council of Ministers headed by a Chief
Minister to aid and advise the Lieutenant-Governor on subjects related to such legislation.
For subjects outside the purview of the Assembly, the Lieutenant-Governor does not need
the aid and advice of the Chief Minister.
About Article 371

•Article 371, under part XXI of the Indian Constitution, grants some temporary, transitional
and special powers for certain States.

•It has been part of the Constitution since 26 January, 1950.

•However, Articles 371(A-J) was brought in via amendments through Article 368.
1)Article 371
• It deals with the States of Maharashtra and Gujarat. As per the provision, the
Governor of Maharashtra has a special responsibility to establish separate
development boards for Vidarbha, Marathwada, and the rest of the State.
• The Governor of Gujarat has a similar responsibility towards Saurashtra, Kutch and
the rest of Gujarat.

2)Article 371A

• Under the provision, no Act of Parliament about the religious or social practices of
the Nagas, their customary law and procedure, including civil and criminal justice
matters, and ownership or transfer of land and resources will apply
to Nagaland, unless the State’s Legislative Assembly passes a resolution to do so.
• It further gives the Governor a ‘special responsibility’ regarding law and order in the
State.
3) Article 371B
• It deals with Assam, and was brought in 1969. It allows the President to deal with the
Constitution and functioning of a committee of the Legislative Assembly comprising
members elected from the tribal.

4)Article 371C
• It applies to Manipur and was inserted into the Constitution in 1972. It provides for
the constitution of a committee of legislators from the Hill Areas of Manipur.
• It gives the Governor a special responsibility to make an annual report to the
President on the administration of the Hill Areas.

5)Articles 371D and E

• It includes special provisions for Andhra Pradesh and Telangana.
• The President can pass an order to provide equitable opportunities and facilities to
people belonging to different parts of Andhra Pradesh in public employment and
education.
6)Article 371F
• It is applicable to Sikkim and it states that the State Legislative Assembly shall
consist of at least 30 members.
• The Governor has a special responsibility for the maintenance of peace and equitable
arrangements for ensuring the social and economic advancement of different sections.

7) Article 371G
• It applies to Mizoram. It includes special provisions to preserve the religious and
social practices, customary law, and procedure of Mizos in Mizoram, as well as for
the administration of criminal and civil justice, besides ownership and transfer of
land.
8) Article 371H
• It confers a special responsibility on the Governor of Arunachal Pradesh concerning
law and order.

9)Article 371I
• It relates to Goa. It requires the Legislative Assembly of Goa to consist of not less
than 30 members.

10)Article 371J
• It accords special status to the Hyderabad-Karnataka Region (Kalyana Karnataka),
and provides for the establishment of a separate development board for the area.
 Thanks
Dr. Shruti
Joshi